The Research On Financial Fraud

Along with the deepening of China’s reform and opening. along with the development of the market economy. Because the law inherent lag, resulting in legislation and economic development are not synchronized. Which is reflected in the economic field, corporate financing difficulties, lack of legitimate civil remaining funds investment channels, a number of illegal acts by raising the banner of private lending to engage in legitimate fund-raising fraud and other criminal activities of illegal fund-raising. Financial fraud in the administration of justice in the mostly important cases, in the event, will give investors and social cause significant economic losses. The crime is not only undermine the financial management order, violation of company property, and disrupt social order, affect social stability, a great social harm. Financial fraud crackdown as the object of our criminal law, in judicial practice how to identify the significance of the crime. In the identification of financial fraud, the subjective and objective elements identified elements of the identification is controversial. China’s current judicial interpretation of legal texts and on charges of illegal fund-raising crimes defined in the lack of clarity, combined with understanding the different constituent elements of the crime, the judicial practice is reflected in the charges applicable to the problem of selectivity. In Wu Ying case, for example, the existence of" illegal possession ", the objective conduct " illegal fund-raising "," by means of fraud,"" large amount" of the dispute, it can be seen that the subjective element of the crime in the surrounding subjective Wu Ying identified on the core is a " purpose of illegal possession," the understanding of the behavior of the objective elements identified objective is necessary to determine the relevant authorization criteria. Wu Ying case the focus of controversy, reflecting the presence of crime or fund-raising fraud in judicial practice, the boundaries dispute this crime and sin. Financial fraud crimes as crimes of illegal fund-raising crime rate is high and the focus on national law, and discuss how to identify financial fraud, propose targeted and viable solution to the problem of how to control the rising stage of China’s economic class crime has great practical significance.